Digital Background Corporation v. Apple, Inc.
Plaintiff Digital Background Corporation alleged that Defendant Apple Inc. infringed on U.S. Patent No. 5,764,306 entitled "Real-Time Method of Digitally Altering a Video Data Stream to Remove Portions of the Original Image and Substitute Elements to Create a New Image." Defendant Apple Inc. counterclaimed and requested declaratory judgment that the '306 patent claims are invalid, unenforceable and not infringed.
| Digital Background Corporation |
| Apple, Inc. |
| Apple, Inc. |
| Digital Background Corporation |
| 5:2008cv03639 |
| July 30, 2008 |
| US District Court for the Northern District of California |
| Patent Office |
| XX US, Outside State |
| Richard Seeborg |
| Both |
| Federal Question |
| 35:271 Patent Infringement |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
40
ORDER DISMISSING CASE re 39 . Signed by Judge Richard Seeborg on 8/5/08. (rssec, COURT STAFF) (Filed on 8/5/2008)
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Filing
39
Joint Stipulation to Dismiss with Prejudice by Digital Background Corporation. (Attachments: # 1 (Proposed) Order)(Howard, Crystal) (Filed on 8/4/2008) Text modified on 8/4/2008 (bw, COURT STAFF).
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Filing
37
Case transferred in from District of Illinois Southern; Case Number 3:07-cv-00803. Original file with documents numbered 1 - 36, certified copy of transfer order and docket sheet received.
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Filing
38
ADR SCHEDULING ORDER: Case Management Statement due by 11/12/2008. Case Management Conference set for 11/19/2008 02:30 PM. (bw, COURT STAFF) (Filed on 7/30/2008)
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Filing
35
Letter to Northern District of California re case transfer (dka, )
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Filing
34
MEMORANDUM AND ORDER TRANSFERRING CASE TO OTHER DISTRICT: Case transferred to Northern District of California. Signed by Judge J. Phil Gilbert on 3/17/08. (dka, )
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Filing
31
REPLY to Response to Motion re 25 MOTION to Transfer Case filed by Apple, Inc.. (Attachments: # 1 Affidavit Declaration of Christina M. Finn, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Certificate of Service)(Valentine, James)
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Filing
30
MEMORANDUM in Opposition re 25 MOTION to Transfer Case filed by Digital Background Corporation. (Attachments: # 1 Exhibit A - Apple Reports Fourth Quarter Results, # 2 Exhibit B - Westlaw - Apple Computer, Inc. v. Unova, Inc.; D.Del, 2003, # 3 Exhibit C - Excerpt, Apple, Inc.'s Form 10-K Filed with SEC, # 4 Exhibit D - List of Authorized Apple Resellers within Zip Code 62201)(Lesko, Paul)
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Filing
28
MOTION to Dismiss Counterclaim Count III, or in the Alternative, Motion to Strike Counterclaim Count III of Defendant Apple, Inc. by Digital Background Corporation. Responses due by 3/18/2008 (Lesko, Paul)
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Filing
27
NOTICE of Appearance by Ted N. Gianaris on behalf of Digital Background Corporation (Gianaris, Ted)
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Filing
25
MOTION to Transfer Case by Apple, Inc.. (Attachments: # 1 Affidavit Declaration of Bruce Arthur, # 2 Affidavit Declaration of James F. Valentine, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Certificate of Service)(Valentine, James)
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Filing
24
ANSWER to Complaint with Jury Demand, COUNTERCLAIM against Digital Background Corporation by Apple, Inc..(Conran, Joseph)
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Filing
23
NOTICE of Scheduling and Discovery Conference: Telephone Scheduling/Discovery Conference set for 2/19/2008 10:00 AM in East St. Louis Court House before Mag/Judge Clifford J. Proud. (amv)
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Filing
22
CJRA TRACK B assigned:Final Pretrial Conference set for 1/9/2009 at 09:30 AM in Benton Court House before Judge J. Phil Gilbert.,Jury Trial set for 1/20/2009 at 09:00 AM in Benton Court House before Judge J. Phil Gilbert. (by:kjr)
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Filing
21
Motion and Order to Appear Pro Hac Vice granting appearance of Attorney James F. Valentine for Apple, Inc. $100.00 fee paid,receipt number 34625003568 (tkm )
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Filing
16
Corporate Disclosure Statement by Apple, Inc.. (Campbell, Dutro)
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Filing
15
NOTICE of Appearance by Stephen C. Smith on behalf of Digital Background Corporation (Smith, Stephen)
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Filing
13
NOTICE of Appearance by Dutro E. Campbell, II on behalf of Apple, Inc. (Campbell, Dutro)
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Filing
12
Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Dutro E. Campbell, II for Apple, Inc. $100.00 fee paid,receipt number 34625003273 (tkm )
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Filing
11
NOTICE of Appearance by Joseph P. Conran on behalf of Apple, Inc. (Conran, Joseph)
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Filing
10
ORDER, Granting 8 Consent MOTION for Extension of Time up to 1/22/08 to File Answer or Otherwise Plead filed by Apple, Inc. Signed by Judge Clifford J. Proud on 12/21/07. (amv)
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Filing
9
ORDER OF RECUSAL. Judge William D. Stiehl recused. Case reassigned to Judge J. Phil Gilbert for all further proceedings. Signed by Judge William D. Stiehl on 12/19/07. (jkb)
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Filing
8
Consent MOTION for Extension of Time to File Answer or Otherwise Plead by Apple, Inc.. (Gutzler, Greg)
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Filing
7
ORDER OF RECUSAL. Judge David R Herndon recused. Case reassigned to Judge William D. Stiehl for all further proceedings. Signed by Judge David R Herndon on 12/12/07. (pab )
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Filing
6
SUMMONS Returned Executed by Digital Background Corporation. Apple, Inc. served on 11/30/2007, answer due 12/20/2007. (Lesko, Paul)
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Filing
5
Summons Issued as to Apple, Inc. (tkm )
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Filing
3
Corporate Disclosure Statement by Digital Background Corporation. (Lesko, Paul)
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